Legal Opinion

Green v. Massie

Illinois Supreme Court

Decided December 15, 1851PublishedCited by 11 opinions

Thomas Massie, as executor of the last will of William Steel, deceased, sued Green before the Hancock County Court, on a demand for $31.25. The cause was submitted to the County Court, and judgment was rendered against Greene for $18.37 and costs of suit, at February term, 1850, of that court. Green took an appeal from the County Court to the Circuit Court of the same county.

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Thomas Massie, as executor of the last will of William Steel, deceased, sued Green before the Hancock County Court, on a demand for $31.25. The cause was submitted to the County Court, and judgment was rendered against Greene for $18.37 and costs of suit, at February term, 1850, of that court. Green took an appeal from the County Court to the Circuit Court of the same county. At the April term, 1850, of the Hancock Circuit Court, Minshall, Judge, presiding, the cause was submitted to a jury, and a verdict was found against Green for a like sum. Green moved for a new trial, which was…

1Opinion of the Court

Catón, J.

This was an action brought by Massie, as executor of Steel, against Green, to recover rent due the estate of Steel. The evidence shows a yearly tenancy of a farm belonging to the estate of Steel, the lease of which was made during the lifetime of the testator. Steel died in October, 1848, and the rent did not become due and payable before the December following.

The defendant requested the court to instruct the jury, “ That if the jury believe, from the evidence, that William Steel, in his lifetime, rented this farm for 1848, and that the rent became due in 1848, and that before that…

2Cases cited1 opinion

  1. M'Coy v. ScottSupreme Court of Pennsylvania · 1828

3Cited by11 opinions

  1. Dixon v. NiccollsIllinois Supreme Court · 1866
  2. Galt v. CommissionerUnited States Tax Court · 1953
  3. Stark v. BrownIllinois Supreme Court · 1882
  4. Sherman v. DutchIllinois Supreme Court · 1855
  5. Grotefendt v. Schlaeppi-SieverAppellate Court of Illinois · 1919

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